If I asked you if you were familiar with Rule 13(f) of the NC Rules of Civil Procedure, I’m betting that you would respond with a glassy stare and a slack jaw. That Rule deals with a counterclaim that you should have made in your Answer, but which you left out. It says that
NC Business Court: What Is Intrusion Into Seclusion?
I had never heard before of a "privacy tort" claim for "intrusion into seclusion." But it exists in North Carolina per Judge Gale’s Opinion in Dishner v. Goneau, 2017 NCBC 7, decided in the NC Business Court this week. This is not a brand new tort. It has been recognized by the NC
NC Business Court Starts Off 2017 By Denying A Motion For Sanctions And Adding A New Judge
In the NC Business Court’s first Opinion of the new year, Judge Bledsoe denied Defendants’ Motion for Rule 11 Sanctions in Kure Corp. v. Peterson, 2017 NCBC 1. The decision holds a few lessons about the operation of Rule 11 of the NC Rules of Civil Procedure.
You Can’t Avoid A Rule
Think You Can Appeal The Business Court’s Denial Of Your Opposition To Designation? You Probably Can’t
The NC Supreme Court’s jurisdiction over appeals from the Business Court expanded significantly with the passage of a bill by the NC General Assembly "modernizing" the Business Court in 2014. A party can appeal even interlocutory orders of the Business Court to the state’s highest Court. N.C. Gen. Stat. §7A-27(a).
What about an Order from the
Who Knew That A Motion To Transfer Venue Could Be So Complicated?
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North Carolina cases that are filed in an "improper county" can be transferred to the "proper county" if the "defendant, before the time of answering expires, demands in writing that the trial be conducted in the proper county." N.C. Gen Stat. §§1-83.
Multiple Claims With Different Venue Requirements
Well, what if there’s
Can You Compel An Insurance Carrier Representative To Attend A Mediation In Person?
You’ve undoubtedly been in a mediation where the lawyer on the other side has asked for a break so she can call her client’s insurance carrier in order to get a response to your latest settlement offer. You wait — reliant on her summary of your devastating statement in the mediation about how the carrier
Does A Petition For Discretionary Review Divest A Trial Court Of Jurisdiction?
The place where a a trial court’s jurisdiction over a case on appeal meets the competing jurisdiction of the appellate court over that same case is is a busy intersection. It is often hard to tell when the trial court no longer has the jurisdiction to make rulings in a case that has been appealed.
It Takes More Than Just $5 Million To Get A Case Into The NC Business Court
This week, I published a post on this blog in which I suggested that a case involving $5 million in controversy could be designated to the Business Court without the Court having to analyze the nature of the claims before it to see if they met any of the bases for mandatory jurisdiction contained in
The Business Court Opens Its Door Wide To “Intellectual Property” Disputes
The Business Court doesn’t often discuss its interpretation of the statutory bases for a designation to the Court, all of which are contained in G.S. sec. 7A-45.4. So its published Order this month in Southeastern Automotive, Inc. v. Genuine Parts Co. 2016 NCBC 61, is worth noting.
The issue in Southeastern Automotive was
“Winding Up” A Law Firm Partnership Doesn’t Necessarily Mean Liquidation
You can "wind up" a partnership without having to liquidate all of its assets and terminating its existence. So ruled Judge McGuire last week in Hardin v. Lewis, 2016 NCBC 55. But that may not be true for all partnerships. This case involved a law firm partnership which was continuing to operate its